Summary as passed:(all summaries)Partial birth infanticide. Defines "partial birth infanticide" as any
deliberate act that (i) is intended to kill a human infant who has been born alive,
but who has not been completely extracted or expelled from its mother, and that (ii)
does kill such infant, regardless of whether death occurs before or after
extraction or expulsion from its mother has been completed. The term "partial
birth infanticide" will not include (i) the suction curettage abortion
procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation
and evacuation abortion procedure involving dismemberment of the fetus prior to
removal from the body of the mother, or (iv) completing delivery of a living
human infant and severing the umbilical cord of any infant who has been
completely delivered. "Human infant who has been born alive" is defined as a
product of human conception that has been completely or substantially expelled
or extracted from its mother, regardless of the duration of pregnancy, which
after such expulsion or extraction breathes or shows any other evidence of life
such as beating of the heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles, whether or not the umbilical cord has been cut
or the placenta is attached. "Substantially expelled or extracted from its
mother" is defined as, in the case of a headfirst presentation, the infant's
entire head is outside the body of the mother, or, in the case of breech
presentation, any part of the infant's trunk past the navel is outside the body
of the mother. The bill punishes the act of "partial birth infanticide" as a
Class 4 felony. This provision will not prohibit the use by a physician of any
procedure that, in reasonable medical judgment, is necessary to prevent the
death of the mother, so long as the physician takes every medically reasonable
step, consistent with such procedure, to preserve the life and health of the
infant. A procedure will not be deemed necessary to prevent the death of the
mother if completing the delivery of the living infant would prevent the death
of the mother. The mother cannot be prosecuted for any criminal offense based
on the performance of any act or procedure by a physician in violation of this
section. This provision also amends vital statistics law to modify the
definition of "live birth" to include substantial expulsion or extraction of
the product of human conception from its mother and to add a definition of
"substantial expulsion or extraction." A second enactment clause repeals the
partial birth abortion provision.
Full text:01/08/03 House: Presented & ordered printed, prefiled 12/20/02 031685824pdf | impact statements01/28/03 House: Committee substitute printed 038911824-H1pdf | impact statements02/14/03 Senate: Committee substitute printed 032675824-S1pdf | impact statements02/22/03 House: Conference substitute printed 032692824-H2pdf02/27/03 House: Bill text as passed House and Senate (HB1541ER)pdf | impact statement 04/03/03 Governor: Acts of Assembly Chapter text (CHAP0961)pdf